A GUIDE TO PROCEDURES FOR: SUBDIVISIONS & CONDOMINIUM CONVERSION

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1 A GUIDE TO PROCEDURES FOR: SUBDIVISIONS & CONDOMINIUM CONVERSION A GUIDE TO PROCEDURES FOR: SUBDIVISIONS (TENTATIVE MAPS) PURPOSE Definition: A subdivision is defined as the division of any improved or unimproved land for the purpose of sale, lease or financing including the conversion of a structure into condominiums. State law authorizes local government agencies to regulate and control the design and improvements of subdivisions. The State Subdivision Map Act provides general regulations and procedures that local governments must follow in the regulation of subdivisions. The City also has a subdivision ordinance which provides specific City guidelines and standards for the regulations and control of subdivisions. Subdivision regulations and review procedures vary between subdivisions which encompass a division of property into five or more lots (usually referred to as major subdivisions) requiring tentative map approval, and subdivisions of four or fewer lots (usually referred to as a minor subdivision) requiring tentative parcel map approval. Parcel maps can be approved by the Community Development Director. The balances of the subdivisions procedures are subject to the review and recommendation of the Planning Commission (PC) and review and final approval by the City Council (CC). In reviewing a subdivision application, the staff, PC and CC will evaluate such items including, but not limited to, lot size, lot orientation, potential building sites, traffic generation, provision of infrastructure (water, sewer, road, etc.), site drainage, and overall compatibility of use with adjoining properties and other related development impacts. Conditions may be imposed as necessary to insure that the proposed subdivision and subsequent uses will be compatible with, and not adversely affect, its environs. Step 1 - Project Consideration PROCESS Early in the consideration of a potential project, the applicant should carefully review what the General Plan and Zoning Ordinance call for in the location or area affected. It is essential that the proposed use be consistent with the General Plan and the Zoning Ordinance or the project cannot be accepted. Community Development Department staff should be consulted for advice on project consistency with City regulations and other possible concerns.

2 Step 2 - Filing of Application The applicant should submit the completed application, filing fee and other required information to the Community Development Department. A staff planner will be assigned to review the material to maker sure all the required information is provided. The applicant will be notified within 30 days after filing as to whether the application is complete or what additional information is required. The fee for review of major and minor subdivisions is established by the City Council and is intended to offset the cost of the number of hours that professional staff spends on the project. Step 3 - Environmental Review Subdivision requests are required to have an environmental assessment to determine if it is necessary to prepare an Environmental Impact Report. Information on timing and sequence of this process is contained in "A Guide to Procedures for Environmental Review." Step 4 - Staff Review for Planning Commission Once the application has been deemed complete, Planning staff will: Evaluate the application by conducting a site investigation, Review the consistency of the request with the City's General Plan, Subdivision Ordinance, and Zoning Ordinance, Analyze the potential environmental, land use, site plan, and other impacts or concerns of the proposed project. A written staff report will be prepared for the PC which will describe the development proposal and will include staff recommendations. A Copy of this report will be sent to the applicant on the Friday before the scheduled PC hearing date. Copies of the report are also available to the public after they have been sent to the PC. Step 5 Staff, Planning Commission and City Council Review The PC and CC is required to hold at least one hearing on a Subdivision application; no hearing is required for the Community Development Director s review. Once the application has been deemed complete: Staff will prepare a public notice scheduling the Subdivision application on the next available PC and or CC Agenda. The notice must be posted no fewer than 10 days prior to the hearing date and must be mailed to every property owner and occupant within a 300 foot radius of the property site. The notice will also be posted at City Hall and appear in a newspaper of local circulation.

3 At the public hearing: Staff will present a report and recommendation to the PC and CC. The staff presentation will be followed by testimony from the applicant and any interested persons who wish to comment on the application. The PC and CC may then make a decision to: A. Recommend conditional approval (by the PC) or conditionally approve the request (by CC); or B. Deny the request; or C. Postpone the decision to a later date; or D. Keep the public hearing open and continue the hearing to a specified time, date, and place and request additional information. The Community Development Director (CDD) will prepare an approval letter (with or without conditions of approval) for parcel maps. The Community Development Director s decision is final, unless appealed to the Planning Commission as described below. Should the PC recommend approval of a subdivision, staff will prepare a resolution describing their decision. Also, should the CC approve the project staff will prepare a resolution describing their decision. The CC decision will become final when the Council adopts the resolution. Step 6 - Appeals to the Planning Commission or City Council After an approval letter by the CDD or final resolution has been adopted by the PC, any person affected by the decision may file an appeal to the PC or CC, respectively within 10 days of the adoption of the resolution. The appeal is submitted by filing an appeal letter and appeal fee with the City Clerk. After filing the appeal, the following steps will take place: A public hearing will be scheduled for the CC, A notice of the time, date and place of the hearing will be mailed (at least 10 days prior to the hearing) to the appellant, the applicant, and property owners and tenants within a 300-foot radius of the project site and to any other person requesting the notice. Following the public hearing on the appeal, the Council may: Refer the matter back to the PC for further review, or Reverse, affirm or modify the decision of the Commission. The decision of the City Council is final.

4 Step 7 - Other Required Actions The applicant (subdivider) must complete and have final map and related improvement plans approved and recorded with the County of Riverside within 24 months or the tentative map expires. Tentative maps may be granted two one-year extensions of time by the Planning Commission after formal request has been filed by the subdivider. The application for extension of time must be filed not less than thirty days before the tentative map is to expire. ESTIMATED TIME OF PROCESS The actual time for processing of a Subdivision application will vary depending upon the complexity and magnitude of the proposal and staff and Commission workloads, but it is generally estimated as follows: A. From completed application to CDD and PC review 3 Weeks B. PC review period to CC acknowledgment of PC Action 7 Weeks C. Total Estimated Process Time 10 Weeks A GUIDE TO PROCEDURES FOR: CONDOMINIUM CONVERSION (TENTATIVE MAPS) PURPOSE The Condominium Conversion process was instituted as a part of Banning s development review process in order to allow the conversion of existing two family and multiple family residential structures into separate individual dwelling units. The Condominium Conversion process can also be applied to commercial and industrial structures. Condominium Conversion is a type of subdivision which is governed by the California Subdivision Map Act and the Banning Subdivision Ordinance. A condominium subdivision does not divide the land on which the structure is located. Rather, the condominium subdivision is a subdivision of the air space within the structure. For example, the conversion of an existing would divide the airspace of each unit, thus creating two separate single family dwelling units. Exterior decks, patios, and parking spaces could be restricted to the use of an individual unit. However, the land on which the condominium is located would be held in common with the other owners of the condominium project. In order to convert existing structures into condominiums, the structure to be made a condominium must be found to conform with all applicable laws, ordinances, and regulations including, but not limited to, those pertaining to building, fire, housing, subdivision, and zoning. A Conditional Use Permit application is also required and must

5 accompany all Condominium Conversion applications. The Condominium Conversion application is subject to Planning Commission (PC) and City Council (CC) approval. Step 1 - Project Consideration PROCESS Early in the consideration of a potential project, the applicant should carefully review what the General Plan and Zoning Ordinance call for in the location or area affected. It is essential that the proposed use be consistent with the General Plan and the Zoning Ordinance or the project cannot be accepted. Community Development Department staff should be consulted for advice on project consistency with City regulations and other possible concerns. Step 2 - Filing of Application The applicant should submit the completed application, filing fee and other required information to the Community Development Department. A staff planner will be assigned to review the material to maker sure all the required information is provided. The applicant will be notified within 30 days after filing as to whether the application is complete or what additional information is required. The fee for review of a condominium conversion is established by the City Council and is intended to offset the cost of the number of hours that professional staff spends on the project. Step 3 - Environmental Review Some condominium conversion requests are required to have an environmental assessment to determine if it is necessary to prepare an Environmental Impact Report. Typically, Condominium Conversion projects are exempt from CEQA and will not require extensive environmental review. However, additional information on timing and sequence of this process is contained in "A Guide to Procedures for Environmental Review." Step 4 - Staff Review for Planning Commission City Council (Separate Review) Once the application has been deemed complete, Planning staff will: Review the consistency of the request with the City's General Plan, Building Code, Fire Code, Subdivision Ordinance, and Zoning Ordinance, and Analyze the potential environmental, land use, site plan, and other impacts or concerns of the proposed project. A written staff report will be prepared for the PC and CC which will describe the development proposal and will include staff recommendations. A Copy of this report will be sent to the applicant on the Friday before the scheduled PC and CC hearing date.

6 Copies of the report are also available to the public after they have been sent to the PC and CC. Step 5 - Planning Commission and City Council Review (Separate Review) The PC and CC is required to hold at least one hearing on a condominium conversion application. Once the application has been deemed complete: Staff will prepare a public notice scheduling the Condominium Conversion / CUP application on the next available PC and CC Agenda (separate hearing dates, PC hearing must be resolved prior to CC hearing). The notice must be posted no fewer than 10 days prior to the hearing date and must be mailed to every property owner and occupant within a 300 foot radius of the property site. The notice will also be posted at City Hall and appear in a newspaper of local circulation. At the public hearing: Staff will present a report and recommendation to the PC. The staff presentation will be followed by testimony from the applicant and any interested persons who wish to comment on the application. The PC or CC may then make a decision to: A. Conditionally approve the request; or B. Deny the request; or C. Postpone the decision to a later date; or D. Keep the public hearing open and continue the hearing to a specified time, date, and place for gather additional information. Note the CC may refer the matter back to the PC for further review, or reverse, affirm or modify the decision of the PC. The PC and CC will direct staff to prepare a resolution describing their decision, which will be scheduled for adoption at their next meeting. The CC decision will become final when the Council adopts the resolution. Step 7 - Other Required Actions The applicant (subdivider) must complete and have final map and related improvement plans approved and recorded with the County of Riverside within 24 months or the tentative map expires. Tentative maps may be granted two one-year extensions of time by the Planning Commission after formal request has been filed by the subdivider. The

7 application for extension of time must be filed not less than thirty days before the tentative map is to expire. ESTIMATED TIME OF PROCESS The actual time for processing of a Condominium Conversion application will vary depending upon the complexity and magnitude of the proposal and staff and Commission workloads, but it is generally estimated as follows: A. From completed application to PC review 3 Weeks B. PC review period to CC acknowledgment of PC Action 7 Weeks C. Total Estimated Process Time 10 Weeks SUBDIVISION AND CONDOMINIUM CONVERSION APPLICATION SUBMITTAL REQUIREMENTS Subdivision of Land and Airspace (Condominiums) 1. Application fees (Checks made payable to City of Banning). 2. Appropriate Application forms that must be signed by the property owner and project applicant: General Application Authorization Form Environmental Application Condominium CUP application (if necessary) 3. Fifteen (15) sets of the TENTATIVE MAP, of black or blue line on white stock, at 24" x 36" size of a scale not less than 1" = 100' (5 PC and CC sets will be 11 X17 ). 4. The TENTATIVE MAP must be prepared by an authorized California licensed Civil Engineer or Land Surveyor showing parcel lines, location of all structures on site, distance of structures from parcel line at their closest point and site topographic contours at no less than five (5) foot intervals. 5. The surveyor or engineer shall base all elevation datum for site contours on established City benchmark monuments. 6. Maps MUST have the following information: a. The tract name, or other designation, date, north arrow and scale shall be included in the map title block. b. Names and addresses or owner of record and subdivider; name address and registration or license number of engineer or surveyor.

8 c. The location, names and width of adjacent streets, roads, ways or highways. d. The location, names and width of all proposed streets, roads or ways. e. The location of existing and proposed sanitary sewers, including side sewers and storm sewers, fire hydrants, gas, water, power and telephone lines and other public utilities and the approximate width and location of all easements required for same. f. Approximate radii of all curves g. Dimensions of all lots h. Profiles drawn to scales so as to show clearly all details thereof shall accompany the tentative map and shall show center lines, ground and grade elevations, of all streets, ways, alleys, sanitary and storm sewers, gas and water lines, and other improvements in the subdivision. i. Typical cross sections of all streets, ways and alleys and details of curbs, gutters, sidewalks, and other improvements shall accompany the Tentative Map and shall be of such scales as to show clearly all details thereof. 7. Documents and/or Statements to accompany map submission. a. Existing use or uses of property, including the location of all existing structures to remain on the property(s). b. Floor plans of all existing structures on the property(s). c. Proposed uses of the property(s), with a statement of the representative portions of the total area of the subdivision represented by each, and an outline of proposed deed restrictions. d. Source, system connection outline, quality and approximate quantity of water supply of proposed system if serviced by well water. e. Water system connection outline of proposed system if serviced by MMWD. f. Provisions for sewage disposal, drainage, and flood control which are proposed. g. A statement from the City Health Officer as to whether in his opinion the proposed septic disposal system or method is adequate and will operate without creating a public or private nuisance. h. Proposed set-back lines for buildings i. Statement as to tree planting plan j. Statement of the improvements proposed to be made or installed and of the time at which such improvements are proposed to be made or completed. Preliminary plans and specifications showing in general the foregoing proposed improvements. k. Statement as to whether the subdivider intends to file a final map of the subdivision or a parcel map thereof. 8. Supplemental Information for Condominium Projects The applicant is to submit a condominium map and a condominium plan to the Community Development Department. By separating the above documents, the property owners may amend the plan at a future date without amending the recorded map. The final condominium map is to be reviewed by the Engineering Division. The condominium plan is to be reviewed by the Planning Division.

9 .a. Condominium Plan - In addition to any requirements of the Subdivision Map Act, the condominium plan shall show: (1) An accurate location and description of all units. (2) An accurate designation of all areas (ie. common, restricted, parking, etc.) (3) Plan shall provide a space for the Community Development Director's signature prior to recordation. (4) Plan shall indicate, in accompanying text that will be recorded, that the plan satisfies any and all required conditions of the City resolution approving the subdivision. b. Condominium Map - In addition to any requirements of the Subdivision Map Act, the condominium map shall show: (1) Parcel boundaries. (2) The map shall show and describe any easements located on the subject site. (3) The map shall indicate the total parcel area. DO NOT show area of condominium units or common area. (4) The map shall make reference to the City resolution approving the Condominium with a note located on the map. (5) The map shall indicate, by note, the number of the condominium units being created and that common area is being created.